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Poster: HektorT Date: Aug 2, 2011 4:26pm
Forum: feature_films Subject: Re: is this PD?

For non-US films GATT only affects their US copyright status. In most EU countries for example, having or not having a copyright notice has no bearing on the copyright of the film. The objective of GATT was to restore US copyrights for foreign films that had lost US copyright due to "overly complicated" copyright requirements in the US. Most of them are not PD in their own country. If they had been at the time of GATT they would not have been eligible for copyright restoration.

Films that were initially published overseas, but are not US publications, that aren't covered under GATT, are PD in the US but that doesn't mean they are PD in their country of creation.

Based on the date in Rotten Tomatoes I wouldn't have any problems using this as PD in the USA, but you should be aware of a 9th circuit court of Appels (covers 9 western states) ruling that says films initially published outside the US that have no copyright notice are considered never having been published in the US - i suppose that applies to an invalid notice as well. If you want to respect that ruling, it means the copyright on the film would be the same as some manuscript that somebody keeps in their drawer - 120 years (i think). That ruling is not valid for all of the USA and has never been challenged.

EDIT: better check that ruling, it might only apply to films that were never released in the US. if The Pyx was released in theaters or TV this may not apply

This post was modified by HektorT on 2011-08-02 23:26:58